CHAPTER 3. INTERESTS IN TITLE

IC 32-20-3
    Chapter 3. Interests in Title

IC 32-20-3-1
Unbroken chain of title; definition
    Sec. 1. A person who has an unbroken chain of title of record toan interest in land for at least fifty (50) years has a marketable recordtitle to that interest, subject to section 2 of this chapter. A person isconsidered to have this unbroken chain of title when:
        (1) the official public records disclose a title transaction ofrecord that occurred at least fifty (50) years before the time themarketability is determined; and
        (2) the title transaction purports to create an interest in:
            (A) the person claiming the interest; or
            (B) a person from whom, by one (1) or more titletransactions of record, the purported interest has becomevested in the person claiming the interest;
        with nothing appearing of record purporting to divest theclaimant of the purported interest.
As added by P.L.2-2002, SEC.5.

IC 32-20-3-2
Interests and defects affecting marketable record title
    Sec. 2. Marketable record title is subject to the following:
        (1) All interests and defects that are inherent in the munimentsof which the chain of record title is formed. However, a generalreference in the muniments, or any one (1) of them, to:
            (A) easements;
            (B) use restrictions; or
            (C) other interests created before the root of title;
        is not sufficient to preserve them, unless specific identificationis made in the muniments of a recorded title transaction thatcreates the easement, use restriction, or other interest.
        (2) All interests preserved by:
            (A) the filing of proper notice; or
            (B) possession by the same owner continuously for at leastfifty (50) years, in accordance with IC 32-20-4-1.
        (3) The rights of any person arising from adverse possession oradverse user, if the period of adverse possession or adverse userwas wholly or partly subsequent to the effective date of the rootof title.
        (4) Any interest arising out of a title transaction recorded afterthe effective date of the root of title from which the unbrokenchain of title of record is started. However, the recording shallnot revive or give validity to any interest that has beenextinguished before the time of the recording by the operationof section 3 of this chapter.
        (5) The exceptions stated in IC 32-20-4-3 concerning:
            (A) rights of reversioners in leases;
            (B) rights of any lessee in and to any lease; and            (C) easements and interests in the nature of easements.
        (6) All interests of the department of environmentalmanagement arising from the recording of a restrictive covenantunder IC 13.
As added by P.L.2-2002, SEC.5. Amended by P.L.18-2008, SEC.2.

IC 32-20-3-3
Transactions before root of title
    Sec. 3. Subject to section 2 of this chapter, marketable record titleis held by its owner and is taken by a person dealing with the landfree and clear of all interests, claims, or charges whose existencedepends upon any act, transaction, event, or omission that occurredbefore the effective date of the root of title. All the interests, claims,or charges, however denominated, whether:
        (1) legal or equitable;
        (2) present or future; or
        (3) asserted by a person who is:
            (A) sui juris or under a disability;
            (B) within or outside Indiana;
            (C) natural or corporate; or
            (D) private or governmental;
are void.
As added by P.L.2-2002, SEC.5.